Use our interactive web page to learn how you encounter IP in everyday life

Every day you come into contact with products that have protected intellectual property (IP). Whether it is your brand of bread, or the armchair you sit in, the car you drive, or the shoes you wear. IP is everywhere.

Commercialising your IP is the process you undertake to get your products or services into the market place, including how to commercialise internationally, licensing, and commercialising indigenous business.

eServices is a secure, reliable and convenient way to access a range of IP Australia's transactions and services. With eServices, you can apply for an IP right or make a payment to renew your IP right.

A patent is a right granted for any device, substance, method or process that is new, inventive and useful. Find out more on the application process, time and costs, searching for a patent and how to apply.

A trade mark is a right that is granted for a logo, picture, letter, number, word, phrase, sound, smell and/or aspect of packaging. Find out more on the application process, time and costs, searching for a trade mark and how to apply.

A design refers to the features of shape, configuration, pattern or ornamentation that gives a product a unique appearance. Find out more on the application process, time and costs, searching for a design and how to apply.

Plant Breeder's Right (PBR) are used to protect new varieties of plants that are distinguishable, uniform and stable. Find out more on the application process, time and costs, searching for a PBR and how to apply.

The four IP rights areas administered by IP Australia are not the only types of IP available. Your product may require protection under copyright, circuit layout rights, confidentiality and/or trade secrets.

We are aware that customers have received invitations from companies offering services to help them protect their intellectual property (IP) rights in return for a fee. You should be wary of unsolicited or fraudulent IP protection, promotional or advertising services.

Before paying a fee for any IP related service, we recommend that you carefully consider what, if any, protection, promotion or other value the service will provide.

Designs Act 2003

In Australia, the law regarding registered designs is prescribed by the Designs Act 2003.

The Designs Act 2003 provides a range of features and benefits that make it easy and simple to register and protect a design.

Summary of key features:

a streamlined registration process

enforcement and dispute resolution procedures

strict eligibility and infringement tests

clear definitions.

Strict eligibility and infringement tests

The Designs Act 2003 sets out a two-step threshold test for validity of designs. A design must be both 'new' and 'distinctive' to be registered.

This test provides that minor or insignificant changes to a design are irrelevant if the overall impression remains one of substantial or significant similarity. The focus is on the similarities between the two designs rather than the differences.

Clear and simple

This infringement test is designed to be clear and simple and for the design rights to be readily enforceable.

The infringement test is consistent with the definition of a 'distinctive'. If another design is used that is substantially similar in overall impression to a registered design, that use will be an infringement.

Numbering multiple designs

The Designs Act 2003 allows multiple designs to be filed within a single application. This means numbers previously used in reference to a design application will now be used in reference to a design, and be termed 'design number'.

For a design application containing one design, the design number will be the reference

For design applications containing multiple designs, each design will be allocated a separate design number.